May 2015

Attorney Ellen Sullivan successfully represented a client on an application for 237(a)(1)(H) before Judge Gagnon at the Boston Immigration Court. The client was charged as removable (deportable) for fraud related to his immigration benefits. In addition, the client had two criminal dockets, neither of which resulted in criminal findings against him.

By painting a full picture of the client’s life with his wife and their young children, Attorney Sullivan was able to convince the Immigration Judge not to deport the client, despite his serious mistakes. By winning the 237(a)(1)(H) waiver, the client is able to maintain the lawful permanent residence status that he obtained years ago.

When your I-130 is approved, it should be sent to the National Visa Center if you will be consular processing your immigrant visa. Recently, applicants have reported that approved I-130 cases have been sent to the National Records Center instead of the National Visa Center. Clearly, this poses a problem for any consular processing application. For folks applying for I-601A provisional waivers of inadmissibility, this causes an additional problem of delaying their ability to file Form I-601A because it can only be filed after the applicant pays the immigrant visa fee to the National Visa Center (NVC).

USCIS has created an email address (for attorneys only) to notify USCIS when this problem occurs on a case. Please contact my office if your case involves this USCIS mistake so that I can help you resolve the problem quickly and correctly.

The deadline for registration for TPS for Liberia, Guinea, and Sierra Leone is quickly approaching. USCIS must receive applications by May 20, 2015. I advise clients to file before the last day, but in all cases, by May 20, 2015. Clients should keep a full copy of the entire application package and send it via certified USPS or secure carrier such as Federal Express or DHS.

Note that TPS applicants must submit Forms I-821 and I-765 along with all required fees, supporting documents, and photos.

Additional information about TPS for these countries is available on the USCIS website: http://www.uscis.gov/news/alerts/tps-registration-deadline-liberia-guinea-and-sierra-leone-may-20-2015.

There are extremely harsh and unforgiving penalties against immigrants who claim (in almost any way) to be a US citizen or who vote in (almost any) local, state or federal election in the US. The Board of Immigration Appeals recently upheld a removal (deportation) order against an immigrant (not a US ciitzen) who did not realize that voting was unlawful. For more information see Matter of Fitzpatrick, 26 I&N Dec. 559 (BIA 2015).

The Board of Immigration Appeals (BIA) sustained the respondent’s appeal and found the immigration judge erred in denying his application for adjustment of status as a matter of the discretion. Unpublished BIA decision reverses discretionary denial of adjustment application upon finding respondent’s positive equities outweighed his conviction for driving while intoxicated and more than $1,200 in student debt. For more details please check Misumi case.